Will the Gigabit Infrastructure Act lead to faster telecom rollout?

The GIA promotes the acceleration of Union-wide deployment of very high capacity networks (VHC networks)[3] by supporting not only the shared use of existing physical infrastructure but also the construction of new physical infrastructure for communications networks, including masts, cable ducts and antenna systems.

Most of the GIA's provisions have been applicable as of 12 November 2025.

1 Gigabit Infrastructure Act – Overview

1.1       Shared use of existing physical infrastructure

·                Public bodies that own or control physical infrastructure must grant access to their physical infrastructure (such as buildings, cable ducts and masts) upon request from operators of public communications networks.[4] Previously, only network operators[5] were subject to access obligations. The scope now extends to public law entities outside the network infrastructure sector, including certain public undertakings. Correspondingly, the term "physical infrastructure" has been expanded to include buildings and objects that are not part of a network and are owned by public bodies.

·                Furthermore, Member States can determine that to accelerate network expansion in rural or remote areas where no VHC network exists, private commercial buildings (including their roofs) may be used for a fee for the installation of VHC network components, subject to certain conditions.

·                Denial of access to physical infrastructure is permitted only on the grounds exhaustively specified in the GIA, such as lack of space, the availability of viable and suitable alternatives for passive access, or critical infrastructure security. Member States can also provide for active wholesale access (e.g. bitstream access) as a refusal ground, provided that this or an equivalent refusal option was already in place in the respective Member State as of 11 May 2024.

·                The obligation to coordinate construction works and provide minimum information about infrastructure has been extended to public bodies that own or control physical infrastructure. Previously, this applied only to network operators and operators of public communications networks.

1.2 Permits for the deployment of telecom infrastructure

Applications for permits to construct VHC network components (such as any required construction, nature protection or felling permits) can now be submitted to a single information point. The single information point must provide applicants with information about permit procedures digitally.

Permit applications must be checked for completeness within 20 days and permits must generally be issued within four months. If the authority does not decide within the permit period, the permit is deemed granted. The national legislator can exclude this tacit approval under certain conditions in the respective substantive laws.

The GIA specifies which construction works related to VHC networks are exempt from permit requirements (including repairs and minor works of limited scope). These activities must therefore generally not be subject to permit requirements under national law. Member States are required to establish these exemptions by law.

A detailed examination of the special provisions of the GIA on permit procedures can be found in our ecolex article (2025, 685).

2  What needs to be done?

The GIA applies directly, so national implementation is generally not required. However, as a semi-direct regulation, it still necessitates certain national accompanying provisions. Due to Austrian competence distribution, federal and state legislators are required in connection with permit procedures. For example, exemptions from tacit approval and from permit requirements for certain construction works must be established in substantive laws. An access right to private commercial buildings in rural or remote areas could also be implemented.

3  Looking ahead

It remains to be seen whether the GIA will effectively accelerate telecommunications expansion. Nevertheless, measures such as tacit approvals certainly have considerable acceleration potential. Submitting permit applications to a single information point that is not the competent permit authority appears to unnecessarily complicate the procedure. It is unclear how the expanded access to public bodies' physical infrastructure and the direct application of the GIA's access refusal grounds will interact with the network expansion and infrastructure use provisions set out in Chapter 7 of the TKG 2021.

authors: Christian Holzer, Simon Ferk